Construction Pension Fund Survives Motion to Dismiss Against Software Company
The Construction Industry and Laborers Joint Pension Trust ("Pension Trust"), a pension trust based in Las Vegas, Nevada, and the Lead Plaintiff in the case Construction Industry and Laborers Joint Pension Trust v. Carbonite, Inc., Docket No. 1:19-cv-11662-LTS (D. Mass.), recently won an appeal to overturn the District Court for the District ...
Vax-or-Test Rule Moves Forward
The federal Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard, the Vax-or-Test Rule, that mandates employers to either require employees to be vaccinated or submit to weekly COVID-19 testing. OSHA will begin enforcing its emergency temporary standard on January 10, 2022. However, OSHA is giving employers ...
COVID-19 Can Be A Disability, Per New EEOC Guidance
Since the term "Coronavirus" first entered the public lexicon, one of several questions to plague employees, employers, and employment attorneys alike has been: "Is COVID-19 a disability?" The U.S. Equal Employment Opportunity Commission ("EEOC") recently issued guidance on this very question, providing a both expected and unsatisfying answer: ...
What to Watch for in 2022: Will New York State Pass the Adult Survivors Act?
In January 2019, New York State passed the Child Victim's Act ("CVA"), which provided survivors of child sexual abuse with a one-year window to file claims against their abusers and the institutions that enabled the abuse that otherwise were stale under the statute of limitations. At the close of the window in August 2021 (the one-year window ...
Coalition Group Seeks to Expand Unemployment Benefits for Undocumented Workers
In April 2020, in response to the COVID-19 pandemic, New York rolled out the Excluded Workers Fund, a program that made $2.1 billion available to undocumented workers who were ineligible to collect unemployment benefits due to their immigration status. The program immediately proved popular as New York State's Department of Labor received ...
Substantial Verdict Against the State of New York Finally Upheld in Fatal Car Crash Case
In October, in Scheuer v. State of New York, 2021 NY Slip Op 05906 (3d Dept 2021), the Appellate Division upheld a verdict totaling $2,343,662.63. The case arose from a car accident that occurred in 2005. Plaintiff Jeremy Killinger and Plaintiff Janet Croote's deceased husband, James Croote, were passengers in a car driven by Defendant Kevin ...
Biden administration crackdown on enablers of corrupt business practices
The Biden administration has introduced a plan to impose harsher penalties on attorneys and other advisors, such as accountants, who enable or illicit criminal activity. The administration released a report on December 6, 2021, indicating that it would prioritize these anti-corruption efforts. The efforts focus on tackling enablers of financial ...